Fired!

Share List

I was going to write all about my consult itself, but it turns out something more exciting happened. I got fired after submitting my FMLA paperwork for my transition surgery.

To be honest, it is more of a laid off situation, I am currently in a probationary period and within the first six months they can let you go no matter the reason (and they never have to tell you why). I assume this means I will be able to collect unemployment, the problem being is my job during the “unemployment year” was with the department of defense and there is a slew of hoops I have to jump through.

I have never received any disciplinary comments, never had any issues that I know of. I even asked my boss last Thursday how things were and she was fine. She even talked to me on Tuesday, the day before I was “separated” and was all chatty with me on chat while I was in Phoenix.

I went into work yesterday morning, and while I dislike my job I was putting 100% into it. I sent an email in explaining I am going to need to file for FMLA, that I am getting the surgeries and will need LWOP. Within 25 minutes HR had called me in and issued me a letter saying I was being separated.

All it quoted was the Union CBA that outlines the authority they have to release me, they don’t need cause and they don’t need to say why. The letter is dated the same day as my email too so that means they ran down to the director immediately and had her sign it.

Now, I am waiting on my unemployment decision (the hard part is I worked for the agency who handles unemployment, so this is awkward) before I make any final decisions on what to do. I may just walk away if I get my unemployment and look for a better job, or I may pursue this.

ok, there is something funny about this.

While the union agreement does cover their butts and allow them to do this, there is no way that my FMLA request for transgender services wasn’t involved since I have had no personnel issues. With that information it is actually against state law to lay out retribution for my FMLA request (and in WA state transgender care is covered under FMLA, or at least the state’s expansion of it).

That however will wait until I hear back. For now I will be anxious, begin my job searches and try and get unemployment. All the while arranging for my surgery in April. It just means more debt… However, the alternative is worse.

3 thoughts on “Fired!”

That definitely does sound actionable. For a *private* employer, the risk of an action would be enough to pump up the severance-agreement (with non-repudiation and no-sue clauses) amount to well above what they give other folk. String ’em along until you get a dollar amount you like, or keep talking while you prep the court-filing.

No idea how the severance process works for a public agency.

I do know something about unions, and I’d recommend against attempting a grievance. The union has more invested in making sure the bargaining contract’s spirit is maintained than in the concept of justice. Being public you may have avoided any mandatory-arbitration agreements, but definitely check first. Cases at the National Labor Relations Board will be interesting here, since that’s where this kind of thing often ends up.